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GA - Nizzear Rodriguez, 13, slain in his Carrollton home, 24 Aug 2014

He wasn’t even 5 feet tall and had only been 13 years old for a few hours. But Nizzear Rodriguez had big plans.

A straight-A student, Nizzear wanted to go to college, then create video games that were even better than the ones he loved to play. This fall, he planned to make the all-star team in recreation league basketball. And later this week, he was planning to go to an arcade with his dad to celebrate his birthday...

Instead, Nizzear was shot in the head around 2 a.m. Sunday as he slept in his grandmother’s Carrollton apartment, according to police.

Kenneth Devion Wheat entered a guilty plea this past September but his sentencing is being withheld until the trial of Malik Lyndon Davis has concluded. In November, the judge granted Davis to receive a psychiatric evaluation.

Kenneth Devion Wheat entered a guilty plea this past September but his sentencing is being withheld until the trial of Malik Lyndon Davis has concluded. In November, the judge granted Davis to receive a psychiatric evaluation.

As his grandmother watched, Nizzear ate bite after bite of his Applebee’s feast, dressed in a new shirt and khakis. Back at his family’s Carrollton townhouse, he went into his upstairs bedroom, where he watched television. Somehow, no family members heard the gunshot that killed him. And more than three years later, there is not a convicted killer nor a motive.

Last week, a jury acquitted the man believed to have been the gunman. Malik Davis was acquitted of murder and aggravated assault charges, but convicted of burglary, Hunt said.

Kanisha Cofer said she and her family wanted a murder conviction, a sense of justice for her nephew’s death. But strong in their faith, Cofer and her family members have manged to put their anger aside.

"We were disappointed, but we had to redirect ourselves and remind ourselves that God is the judge,” Cofer said. “We're not going to depend on the system to be the judge.”

Malik Davis was sentenced to 20 years in prison for the burglary charge. Kenneth Wheat, who pleaded guilty in 2016, was sentenced between 20 to 40 years in prison.